DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KLE Electrical Services Pty Ltd T/A KLE Electrical
(AG2018/2162)

KLE ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2018

Application for approval of the KLE Electrical Services Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the KLE Electrical Services Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KLE Electrical Services Pty Ltd T/A KLE Electrical. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 13 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, KLE Electrical Services Pty Ltd trading as KLE Electrical, sought approval of the KLE Electrical Services Pty Ltd Single Enterprise Agreement 2018. The applicant submitted that the agreement was a single enterprise agreement within the meaning of the Fair Work Act 2009. The respondent, Electrical Trades Union of Australia, opposed the application on the basis that the agreement was not a single enterprise agreement because it did not cover all employees of the applicant in an appropriate class, as required by section 231 of the Fair Work Act 2009.

The main issue before the Commission was whether the agreement covered all employees of the applicant in an appropriate class. The Commission considered the definition of "appropriate class" in section 171 of the Fair Work Act 2009, and the requirements for a single enterprise agreement in section 231. The Commission found that the agreement did not cover all employees of the applicant in an appropriate class, because it excluded certain employees who were engaged under labour-hire arrangements. The Commission also found that the exclusion of these employees was not justified under section 233 of the Fair Work Act 2009, because it was not necessary to achieve the objective of the agreement, and it was not reasonably required to give effect to a term of the agreement.

Accordingly, the Commission refused to approve the agreement. The applicant's application was dismissed. The Commission ordered that the application be published on the Fair Work Commission's website, and that the respondent be paid $1,500 towards its costs of the application.

KLE Electrical Services Pty Ltd T/A KLE Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established